Calling in sick to your workplace when you have an event to go to or even an interview for another job may seem harmless, but it can cost you your employment.
However, this is a commonplace but little-discussed practise among employees who need to avoid work for a day or more.
Attorney Jade Louella Naidoo, who practises law at Friedland Hart Solomon and Nicolson Attorneys in Pretoria, would not recommend taking this risk with your livelihood.
In a Twitter thread, she gave an example of this involving a former Woolworths employee and the corporation.
Additionally, court documents revealed that, in June of 2018, a certain Mr Alexander who worked for the retailer claimed to be sick, but he and his father travelled for at least an hour from his home to attend a rugby match.
‘’Mr Alexander, an ex-employee of Woolworths, called in sick and attended a rugby match. When he returned to work, he was investigated and dismissed for abusing his leave in the form of sick leave,’’ Louella Naidoo wrote.
According to the court documents, when he arrived at work for his following shift, his manager inquired as to where he had gone the day before.
He reportedly stated that, despite his illness, he returned to work the next day after attending a rugby tournament the day before. This did not go down well with the corporation.
The former Woolworths employee then went to the CCMA and won his case. According to Louella Naidoo, the employee's dismissal was deemed unfair because he did not conceal the fact that he attended a rugby tournament while "ill," implying that the offence was not dishonest.
‘’Woolworths approached the Labour Court to set aside the award. The Labour Court decided that Woolworths could not prove that the commissioner’s award was unreasonable,’’ she added.
However, Woolworths escalated the matter to the Labour Appeal Court. The LAC referred to the CCMA and Labour Court judgements as obnoxious. It determined that the employee anticipated enjoying a rugby match while claiming sick leave benefits.
‘’The appeal court found that such behaviour was indeed dishonest and that the employment relationship can no longer continue. The dismissal was thus substantively and procedurally fair. Lying about being sick to enjoy other activities will get you fired,’’ concluded Louella Naidoo.
*Zipho Dlamini, a copywriter, is one such individual who lied about a family member being sick to not go to work and instead go to a job interview in another company.
‘’My leave was cancelled at the last minute, so I had to take alternative measures. I told my supervisor that my mother had a stroke and that, as her primary carer, I had to stay home that day.’’
Dlamini said her manager reacted positively to this and was very sympathetic — a fact that he now feels guilty about because he was not being honest. However, his interview went well and he was hired.
‘’Even other colleagues were told of my mother’s supposed illness and they were supportive. I felt horrible because it was just an act.’’
*Not his real name, changed for privacy.
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